Wrongful Death

Compassionate Support During Your Most Difficult Time

Losing a loved one due to someone else's negligence or wrongful act is devastating. While no amount of money can replace your loss, Tennessee law provides a path to seek justice and financial security for your family. AskLitigation is here to guide you through this difficult process with compassion and expertise.

Wrongful death claims arise from various circumstances including car accidents, motorcycle accidents, medical malpractice, and premises liability incidents.

What Qualifies as Wrongful Death in Tennessee?

Under Tennessee law, wrongful death occurs when:

• A person dies due to another's negligent, reckless, or intentional act
• The death was caused by conduct that would have entitled the victim to file a personal injury claim
• Surviving family members suffer losses as a result

Common causes include vehicle accidents, medical malpractice, workplace accidents, defective products, and criminal acts.

Who Can File a Wrongful Death Claim in Tennessee?

Tennessee's wrongful death statute (Tenn. Code Ann. § 20-5-113) determines who can file a claim:

Priority order for filing:

1. Surviving spouse - Has the first right to file
2. Surviving children - If no surviving spouse
3. Parents of the deceased - If no spouse or children
4. Personal representative of the estate - If no immediate family members

Unlike many states, Tennessee generally allows only one representative to file the wrongful death claim on behalf of all beneficiaries.

Who Can Recover Damages in Tennessee?

Tennessee law specifies who can recover damages:

Primary beneficiaries:

• Surviving spouse
• Surviving children (including adopted children)
• Parents (if no spouse or children)

Secondary beneficiaries (if no primary beneficiaries exist):

• Next of kin who were dependent on the deceased

All eligible beneficiaries share in any recovery according to their degree of relationship and dependency.

Tennessee's Wrongful Death Laws

Key aspects of Tennessee wrongful death law:

• Statute of Limitations: You have one year from the date of death to file a wrongful death claim
• Burden of Proof: Must prove negligence, recklessness, or intentional wrongdoing caused the death
• Comparative Fault: If the deceased was partially at fault, damages may be reduced
• No Punitive Damages: Tennessee's wrongful death statute does not allow punitive damages

What Damages Can Be Recovered?

Tennessee law allows recovery for:

Economic damages:

• Lost earnings and benefits the deceased would have provided
• Medical expenses related to the final injury or illness
• Funeral and burial expenses
• Loss of services, care, and assistance

Non-economic damages:

• Mental anguish and emotional suffering
• Loss of companionship, guidance, and consortium
• Loss of love and affection

The amount depends on factors like the deceased's age, health, earning capacity, and relationship with survivors.

Proving a Wrongful Death Case in Tennessee

To succeed in a wrongful death claim, you must prove:

1. Duty: The defendant owed a duty of care to the deceased
2. Breach: The defendant breached that duty through negligent or wrongful conduct
3. Causation: The defendant's conduct caused the death
4. Damages: The death resulted in compensable losses to survivors

Time Limits and Important Deadlines

Tennessee has strict deadlines for wrongful death claims:

• One year from the date of death to file the lawsuit
• Six months to notify potential defendants in medical malpractice cases
• 60 days notice requirement for claims against government entities

Missing these deadlines can permanently bar your claim, making immediate legal consultation crucial.

Steps to Take After a Wrongful Death

If you've lost a loved one due to someone else's actions:

1. Seek emotional support - Consider counseling or support groups
2. Preserve evidence - Keep medical records, accident reports, and witness information
3. Avoid early settlements - Don't accept offers before consulting an attorney
4. Document financial impact - Keep records of lost income and expenses
5. Consult an attorney immediately - Time limits are very short in Tennessee

Challenges in Tennessee Wrongful Death Cases

Tennessee wrongful death cases face unique challenges:

• Very short one-year statute of limitations
• Complex family law issues in determining beneficiaries
• Difficulty proving future earnings and losses
• Insurance companies seeking to minimize settlements
• Emotional toll on grieving families during litigation

Frequently Asked Questions About Tennessee Wrongful Death Claims

How long do I have to file a wrongful death claim in Tennessee?

Tennessee has a one-year statute of limitations for wrongful death claims, measured from the date of death. This is one of the shortest deadlines in the country.

Who can file a wrongful death lawsuit in Tennessee?

The surviving spouse has the first right to file, followed by children, then parents. If none exist, the estate's personal representative may file.

Can punitive damages be recovered in Tennessee wrongful death cases?

No, Tennessee's wrongful death statute does not allow for punitive damages, even in cases involving gross negligence or intentional conduct.

What if my loved one was partially at fault for their death?

Under Tennessee's comparative fault system, damages may be reduced by the deceased person's percentage of fault, but this doesn't necessarily bar recovery.

Let's Help You Seek Justice

Losing a loved one is never easy, and dealing with legal matters during grief can feel overwhelming. Contact AskLitigation for a free consultation or call (888) 970-8627. We'll handle the legal complexities while you focus on healing.